Forum Selection Clause Survey 2011-2012

Siwei Chu, Victor M. Dantin & Terence Wise | Forum Selection

This survey compiles and organizes case decisions regarding the enforceability of forum selection clauses (FSC) contained in bills of lading, charterparties, and other maritime contracts. The case summaries are classified by whether the FSC was enforced, not enforced, or conditionally enforced. If the court did not make one of these three determinations, then that information is provided, as well.

Each case summary includes five categories of information:

FSC Type states the forum specified in the forum selection clause.

Document(s) Containing FSC states in which document(s) the forum selection clause was found.

Case Summary provides a description of the factual setting and a brief summary of the case’s holding.

Fed. R. Civ. P. reports the Federal Rule(s) of Civil Procedure that the court considered in determining the case’s disposition. In the alternative, if the motion under consideration was one for transfer, the federal statute the court utilized is provided. If the court did not determine or state which Rule(s) it was applying, it is indicated by “None Stated.”

These summarized cases are a thorough but not an exhaustive list of all cases involving forum selection clauses in the last two calendar years. The cases in this survey were studied to extract and summarize information that might be of use to the practitioner. Attorneys are advised to consult the specific cases for more information.